Though attorneys for two different manufacturers argued against it, a federal court in Pennsylvania has ruled that a former Navy captain can offer expert testimony on the presence of asbestos on Navy ships. The case involves a Philadelphia Naval Shipyard worker who died of asbestos-related lung cancer.
Mesothelioma Risks Aboard Navy Ships at Center of Case
Because there was such heavy contamination of America’s Navy ships in the years before the 1980s, Navy veterans represent a significant percentage of mesothelioma and asbestos-related cancer victims. Among those affected was David Cox, who served as a Navy pipefitter and shipfitter from 1970 to 1974, and later as a pipefitter and insulator at the Philadelphia Naval Shipyard. He was diagnosed with lung cancer in August 2022 and died less than two weeks later.
Mr. Cox’s widow, Jean Cox, filed a wrongful death and survival lawsuit in the U.S. District Court for the Eastern District of Pennsylvania alleging that her late husband had been exposed to asbestos in John Crane, Inc. packing and gasket materials and in Watts Regulator Co. steam traps and pressure reducing valves on the ships where he worked.
Expert Witness Testimony is Crucial in Mesothelioma Lawsuits
As happens in most mesothelioma lawsuits, the success of the widow’s claims will rely heavily on testimony provided by experts. In this case, the expert enlisted by her attorneys is Captain R. Bruce Woodruff, a naval architect and marine engineer who spent 29 years overseeing the design, construction, and repair of Navy vessels. Woodruff submitted deposition testimony concluding that overhaul work on the ships would have exposed Mr. Cox to large amounts of asbestos from gaskets and packing. He also asserted that the vendors who provided these materials knew that asbestos was hazardous as early as the 1950s and that, in his opinion, the Navy would have included asbestos warnings in its manuals before 1980 if manufacturers had supplied them.
In response to Captain Woodruff’s testimony, both manufacturers filed motions attempting to prevent him from presenting information to a jury. John Crane pointed to his shifting answers about when the Navy first required asbestos warnings and argued that he’d overlooked key documents, while Watts argued that he’d relied on a coworker’s testimony rather than on his own review of ship records to place its products aboard the ships.
Judge Finds Navy Expert’s Methods Reliable
In his decision, U.S. District Judge Harvey Bartle III explained that in mesothelioma and other asbestos cases, the court’s decision on expert witness testimony is based on whether their methods are reliable, rather than whether their opinions are correct. Based on that, he found that Captain Woodruff had reviewed military and vendor records and drawn on decades of Navy experience. Noting that disputes over accuracy and choice of sources could be tested through cross-examination at trial, he allowed the case to move forward.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
